Suspension of the Driving Privileges of Rabbani v. Driver & Motor Vehicle Services Division

The Driver and Motor Vehicle Services Branch (DMV) appeals from a judgment that set aside its suspension of petitioner’s driving privileges for his refusal to take a breath alcohol test. We reverse.

On appeal, petitioner raises no issues concerning his arrest or the information that the officer provided before asking him to take the breath test. DMV found that the officer asked petitioner to take a breath test and that he refused. The trial court held that there is not substantial evidence to support DMVs decision. DMV found that petitioner originally agreed to take the test but that, when the…